Your earned pay is yours. Full stop.
Employers in Ontario can't just dock your pay for a shortage, a walkout, or a mistake — and they can't hold your final cheque hostage. Here's what's actually allowed, and what isn't.
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In 30 seconds, here's what's true
- Your employer can only deduct from your pay in three cases: when the law requires it (tax, EI, CPP), when a court orders it, or when you've authorized it in writing with a specific amount or formula.
- Even with your written okay, an employer cannot deduct for 'faulty work' — like a botched credit-card transaction, spoiled work, or a broken tool or damaged work vehicle.
- They can't deduct for a cash shortage or lost or stolen property if anyone else had access — that includes a 'dine and dash' or 'gas and dash.' Only sole access and total control can justify it.
- Your final pay is due by the later of 7 days after your job ends or your next regular payday — and it includes any unused vacation pay. They can't hold it until you return a laptop.
- Earned commission can count as wages, depending on your contract. For unpaid commission, a court claim is sometimes the better route than an Employment Standards claim.
How the process works
Check what was actually deducted
Compare your pay stub to your hours and rate. Identify each deduction. Tax, EI, and CPP are legal; deductions for shortages, breakage, or mistakes usually are not.
Look for written authorization
A lawful voluntary deduction needs your written okay with a specific amount or formula — agreed before the deduction. A vague clause or a deduction for faulty work doesn't count.
Add up your final pay and vacation pay
Your final pay is due by the later of 7 days after termination or your next payday, including unused vacation pay. It can't be held back because you owe them property.
Raise it with your employer in writing
Politely set out what was deducted, why it isn't allowed, and what you're owed. Keep the message. Sometimes a clear letter citing the ESA fixes it fast.
File an ESA claim or consider court
You can file an Employment Standards claim (usually within 2 years) by calling 1-800-531-5551, or sue — but generally not both for the same wages. Start a free PLAIN session to choose.
What to do next
- Get copies of your pay stubs and your employment contract.
- List every deduction and label it legal or questionable.
- Check whether you gave written authorization with an amount.
- Confirm your final pay deadline (7 days or next payday).
- Make sure unused vacation pay was included.
- Put your demand to the employer in writing and keep it.
- Decide between an ESA claim and a court claim — not both.
- Start a free PLAIN session to check what you're owed.
Common myths
| Myth | Reality |
|---|---|
| My employer can dock my pay for a till shortage. | Generally no. If anyone else had access to the cash, the deduction is illegal — even if you signed something agreeing to it. |
| I lose my commission if I quit. | Not automatically. Whether earned commission is owed depends on your contract, not on the simple fact that you left. |
| They can hold my final cheque until I return the laptop. | No. Final pay can't be made conditional on returning property. They have to pay you and pursue the property separately. |
| Deductions for mistakes or breakage are allowed. | No. 'Faulty work' — a bungled transaction, spoiled work, a broken tool — can't be deducted, even with your written okay. |
| If a customer walks out without paying, it comes out of my pay. | A dine-and-dash or gas-and-dash is a cash shortage where the customer had control. It can't be deducted from your wages. |
| My employer can deduct anything if I signed a form. | Written consent only covers some deductions, must state an amount or formula, and can never cover faulty work or a shared-access shortage — or drop you below minimum wage. |
| They can dock my pay as punishment for poor performance. | No. Wages you've already earned can't be reduced as discipline, whatever your contract says. |
| I can file an ESA claim and also sue for the same wages. | Usually not. Filing an Employment Standards claim generally blocks a court case for the same wages — get advice before you choose. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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